VIBHU SAWHNEY Vs. M/S. UNITECH LTD.

JUDGEMENT

(1.) The learned Counsel for the Complainants submitted that the cost of Rs.10,000.00 which was imposed vide order dated 31.03.2017 on the opposite party has not been deposited. It is also observed that the opposite party was given three days' time to file their affidavits of evidence which has not been filed. Hence their right to file affidavit is hereby forfeited. Even the Written Synopsis which was directed to be filed one week before today, has not been filed. As the next step is for final hearing and since both sides are ready, this matter is being heard today.

(2.) The brief facts set out in the Complaint are that the Complainants had booked apartment No.0503 on 09.05.2006 in Tower No.21, Unitech Horizon, Greater Noida having a super area of 1695 Sq. ft. with the opposite party. On the same date, the Agreement of sale was also executed, wherein the total cost of the apartment was fixed at Rs.43,41,917/-. It was averred in the Complaint that the opposite party having realized 95% of the cost in 2006 itself, failed to construct/hand over possession as on the date of filing of the Complaint. It was pleaded that there was no development on the site and that there is no hope that the project would be completed and the possession would be delivered to them in the near future.

(3.) On making enquiries from the technical staff on the site, Complainants were informed that the construction of Tower No.21 shall take some more time. The personal visit of the Complainant to the Registration Office turned out to be futile as all the employees of the opposite party expressed their inability to provide any reliable assurance regarding possession.